[HISTORY: Adopted by the Township Committee
of the Township of Hainesport 4-22-1986 by Ord. No. 1986-4-3. Amendments noted
where applicable.]
The following terms, phrases and words used
in and for the purpose of this chapter shall be deemed to have the
following meanings:
Includes any motor vehicle, omnibus, road tractor, truck,
truck trailer or other vehicle which:
[Amended 4-12-1994 by Ord. No. 1994-4-3; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
Is parked without the current year's registration
or identification markers as required by law and has been on private
land for a period of 48 hours, abandoned or stored out of doors, and
which is wholly unfit, without rebuilding or reconditioning, for use
in highway transportation or which has been discarded for use as a
motor vehicle; and
Has been continuously parked in any public street
or on any public land for a period of 48 hours and which is so disabled
as to constitute an obstruction to traffic, and the driver or person
owning or in charge thereof neglects or refuses to move the same to
a place where it shall not obstruct traffic, or which is found to
be mechanically inoperative and is allowed to remain inoperative for
a period of 48 hours. (Said period of time may be extended for good
cause by the Zoning Officer.)
Refers to the sequestration of the motor vehicle, junk automobile
or junk automobile body at a place of storage.
Any automobile which is no longer in actual use as a motor
vehicle or which is wholly unfit, without rebuilding or reconditioning,
for use in highway transportation or which has been discarded for
use as a motor vehicle or otherwise abandoned.
Any motor vehicle, omnibus, road tractor, trailer, truck,
truck tractor or other vehicle, and shall have the meaning as described
to the foregoing words as contained and defined in N.J.S.A. 39:1-1
et seq.
Any individual, firm, partnership or corporation being the
owner or having any legal right in or to the motor vehicle or other
vehicle, as herein defined.
Refers to an approved storage area, but any such storage area is subject to any and all provisions contained in this chapter, specifically § 177-2B hereof, and any and all other ordinances of the Township of Hainesport.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Zoning Officer of the Township of Hainesport, duly appointed
by the Township Committee of the Township of Hainesport.
[1]
Editor's Note: The former definition of "Police
Department," which immediately followed this definition, was repealed
4-12-1994 by Ord. No. 1994-4-3.
A.
Abandonment prohibited. It shall be unlawful for any
person to abandon or suffer or permit the abandonment of any motor
vehicle, junk automobile or junk automobile body out of doors upon
any public or private lands in the Township of Hainesport or any public
street or between the right-of-way side lines of any public right-of-way
therein.
B.
Storage prohibited. No person shall place, keep or
store any junk automobiles or junk automobile bodies, as heretofore
defined in this chapter, on any public or private property within
the Township of Hainesport.
C.
Presumption. If any motor vehicle, junk automobile
or junk automobile body shall be abandoned on private lands for 30
days or more, it shall be presumed that the owner or tenant in possession
of said land has abandoned it there or permitted or suffered it to
be abandoned there.
D.
Exclusion.
[Amended 6-10-1986 by Ord. No. 1986-7-5]
(1)
Nothing herein contained shall be deemed to prohibit
the placing, keeping or storage of any motor vehicle, junk automobile
or junk automobile body in an enclosed garage, barn or other building.
(2)
Furthermore, nothing herein contained shall prohibit
the placing, keeping or storage of a maximum of two unregistered motor
vehicles with a valid certificate of ownership (title), per residence,
on residential private property, said motor vehicle to be covered
with a canvas tarpaulin or other suitable cover of similar quality
except when work is being performed thereon.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[1]
Editor's Note: Former § 177-2D(3),
pertaining to a permit for storage of unregistered vehicles, which
immediately followed this subsection, was repealed 9-28-2004 by Ord.
No. 2004-17-9.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 9-28-2004 by Ord. No. 2004-17-9]
A.
Impounding vehicles. Whenever the Code Enforcement
Officer finds any motor vehicle, junk automobile or junk automobile
body which has been abandoned, kept or stored contrary to the provisions
of this chapter of the Township Code, such Code Enforcement Officer
shall remove, secure the removal of and/or impound said vehicle, junk
automobile or junk automobile body in accordance with the procedures
hereinafter set forth:
(1)
Public property. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and the Code Enforcement Officer is thereby authorized to immediately remove, secure the removal and/or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior to said impoundment. After impoundment, the Code Enforcement Officer shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and to notify the owner in accordance with Subsection A(2) below. The Code Enforcement Officer shall also immediately notify the State Motor Vehicle Commission for verification of ownership.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Removal with permission of owner or occupant. If, within 10 days after receipt of notice from the Code Enforcement Officer or his designee to remove the abandoned vehicle, the owner or occupant of the premises shall give his written permission to the Code Enforcement Officer or his designee for removal of the abandoned vehicle from the premises, the grant of such permission shall be considered compliance with Subsection A(2).
(3)
Notice of impoundment.
(a)
Notice of impoundment of any motor vehicle, junk automobile or junk automobile body shall be given to the owner of said motor vehicle, junk automobile or junk automobile body or to the owner or tenant of lands upon which a violation is occurring pursuant to § 177-2C above, in writing, by certified mail, at the last known address of the party to be served and shall contain the following:
[1]
The time and place of impoundment.
[2]
The location of the motor vehicle, junk automobile
or junk automobile body.
[3]
The reason for impoundment.
[4]
The amount and nature of penalties and costs
that may be entered against him.
[5]
A statement that a sale of the motor vehicle,
junk automobile or junk automobile body will occur after 30 days if
the motor vehicle, junk automobile or junk automobile body is not
reclaimed.
[6]
A statement of the time and place of sale.
(b)
The address of the owner as shown on the records
of the State Motor Vehicle Commission shall be deemed sufficient for
the purposes of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Sale of impounded vehicles. Whenever any motor vehicle,
junk automobile or junk automobile body is impounded by the Code Enforcement
Officer and remains unclaimed for a period of 30 days, the motor vehicle,
junk automobile or junk automobile body shall be sold under the directions
of the Solicitor of the Township of Hainesport or his designee at
public auction to the highest bidder. Such auction held shall take
place after notice of such sale has been given at least seven days
prior thereto by one publication in the newspaper circulated in the
County of Burlington and upon the mailing of a copy of said notice
to the owner of the motor vehicle, junk automobile or junk automobile
body and/or to the owner or tenant of the lands upon which a violation
is occurring, by certified mail, at least seven days prior to the
sale. Notice shall also be mailed to any holder of a security interest
filed with the State Motor Vehicle Commission at least seven days
prior to the sale. All revenues collected from the sale of the motor
vehicle, junk automobile or junk automobile body shall be retained
by the Township of Hainesport as a cost of administration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Reclamation of impounded vehicles. At any time prior
to sale, the owner or other person entitled thereto may reclaim possession
of the motor vehicle upon payment of the reasonable costs of removal
and storage of the vehicle and of any fine or penalty and court costs
assessed against him for a violation which gave rise to the seizure
or taking possession of such vehicle. (See N.J.S.A. 39:10A-2.)
A.
Any person who violates the provisions of this chapter shall, in addition to such other penalties as may be prescribed, pay all costs of removal, impoundment and sale not paid for out of the proceeds of the sale mentioned in § 177-3B above; and in the event that the violator is a property owner, as specified in § 177-2C above, said costs and such other penalties as may be levied in accordance with this chapter shall become a lien upon his property in accordance with the law and be collected in the manner ascribed and established for the collection of liens.
B.
Any person who violates any provision of this chapter
shall, upon conviction, be subject to one or more of the following,
at the discretion of the Municipal Judge: a fine not exceeding $2,000,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days. Each day that a violation shall continue
shall be deemed a separate offense. The Township waives the additional
fine for a violation of an ordinance within one year of a previous
violation of the same ordinance, provided in N.J.S.A. 40:49-5.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 5-23-2006 by Ord. No. 2006-5-4]
C.
A continuance of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the
Mayor and Township Committee shall have the right to apply to the
courts of this state for injunctive relief or other relief in addition
to the penalties provided for herein.
D.
Where a fine in excess of $1,250 is sought to be imposed
for a housing violation or for a zoning violation, the applicable
owner and/or operator shall be provided a thirty-day period in which
the owner and/or operator has an opportunity to cure or abate the
condition prior to the scheduling of a hearing in municipal court.
In the event that the objectionable activity or condition is not resolved
to the satisfaction of the Township following said thirty-day period,
then the owner/operator shall have an opportunity for a hearing before
the municipal court. After the thirty-day period, the higher fine
may be imposed if the municipal court has not determined that the
abatement has been substantially completed.
[Added 5-23-2006 by Ord. No. 2006-5-4]
